On Tuesday a Federal High Court sitting in Abakaliki, nullified the rescheduled Primaries of the People’s Democratic Party (PDP), Ebonyi State, which took place on 4th and 5th of June 2022.
The court, presided by Justice Fatun Riman, upheld the primary of 28th and 29th, May 2020, which was cancelled by the National Working Committee(NWC) of the party.
The Court also restrained the party from refusing to receive and transmit the name of Mr Ifeanyi Ọdịi, who won the cancelled governorship primaries, to the Independent National Electoral Commission (INEC) as the candidate of the party for Ebonyi 2023 governorship election.
Senator Obinna Ọgba won the rescheduled election, which the court declared null, void and illegal.
Ọdịị who had boycotted the said rescheduled election, approached the court seeking a declaration that the cancellation or purported cancellation of the “Governorship primary election held in Ebonyi State on 29/05/2022 is unlawful, whimsical, capricious, null, void and of no effect in any manner whatsoever for offending the provisions of the electoral law.”
Odii through his Lawyer, Mudi Erhenede also sought a declaration that the National Chairman and the National Secretory of the Peoples Democratic Party cannot upturn the valid decisions of the National Working Committee and the National Executive Committee
without holding a valid and subsequent meetings of the said organs of the
party for that purpose.
Other releifs sought by Mr Ọdịi include “A declaration that the National Working Committee and the National
Executive Committee of the Peoples Democratic Party could not have held and did not hold any meeting of the said organs of the party while it was
engrossed in the conduct of its special National Convention for purposes electing its Presidential Candidate from 28/05/2022 and 29/05/2022 for the 2023 elections.
“A declaration that the Peoples Democratic Party cannot lawfully cancel, upturn, annual etc the outcome of its Governorship primaries held on 29/05/2022 in Ebonyi State in the manner contained in its purported press release of 29/05/2022 for offending the provisions of the said extant laws referred to above”
“A declaration that the Independent National Electoral Commission cannot blindly comply with the cancellation or purported cancellation of the Governorship primary election of the Peoples Democratic Party held on 29/05/2022 In Ebonyi State for offending the provisions of the said extant laws referred to above”
“An order of perpetual injunction restraining The 1st Defendant or itself, its agents, organs, servants, workmen, privies etc from purporting to cancel, canceling or otherwise tampering with or upturning the outcome of the Governorship Primary election held in Ebonyi State on 29/05/2022″
“An order of perpetual injunction restraining the 1st Defendant for itself, agents, organs, servants, workmen etc from refusing to receive or transmit the name of the Plaintiff/Applicant to the 2 Defendant NEC) as its (Governorship candidate for Ebony State”
“An order of perpetual injunction restraining the 1st Defendant for itself, its agents, organs, servants, workmen, privies etc from rescheduling or fixing any other date for its Governorship primary election in Ebonyi State other than that scheduled and already held by it in Ebonyi State on 29/05/2022.
“An order of perpetual injunction restraining the 2nd Defendant for itself, its agents, servants, workmen, privies etc from monitoring any other governorship primary election of the Peoples Democratic Party in Ebonyi State after that of 29/05/2022″.
In his rulling, Justice Riman agreed with the plaintiff and grabbed all the reliefs sought.
The Judge noted that the rescheduled primaries was held in flagrant disregard to the party’s guidelines and constitution.
He also averred that the rescheduled primary election flouted the Electoral Law as amended as the Independent National Electoral Commission (INEC) did not monitor the said election.
While delivering his judgement in favour of Dr. Odii, popularly known as Anyichuks, alongside others elected on 28th and 29th of May, 2022, Justice Fatun Riman stated that the PDP properly constituted its primary election Committee and conducted the election under the supervision of the Independent National Electoral Commission, INEC and security agents.
According to the Judge, any other primary election organized by the Party while the Court had ordered both parties to maintain the status quo, remains null and void.
